Chairman Stephanie Wilkie called the meeting to order at 7:10 P.M. Present were Vice Chairman Edward Sheehan, Director of Public Health Thomas Carbone and Recording Secretary Dawn Cathcart. Susan Sullivan was not present.
Tewksbury
Townhouse and Roper Estates Condominiums – Request for Variance from Lifeguard
Requirements
Barbara Brady – Property Manager for Tewksbury Townhouses, Donna Swanson, 52 DeCarolis Drive for Tewksbury Townhouse and Brian Sulley, 96 Heritage Drive from Roper Estates appeared to discuss the request for a variance from lifeguard requirements.
Ms. Wilkie stated that they received correspondence from Town Counsel. Ms. Brady stated that each condo has a $10 Million insurance policy. Mr. Sheehan stated that this isn’t about insurance, it’s about safety. Ms. Wilkie stated that given Town Counsel’s opinion, the pools are run by the association. There is no alternative to a lifeguard for safety. One thing the Fire Department said is that a lifeguard can prevent accidents. Lifeguards are qualified, since they have to pass a test.
Mr. Sulley stated that he understands the concerns. Ms. Wilkie stated that this board is not unwilling to discuss alternatives.
MOTION - Ms. Wilkie made a motion to deny the variance request for the Lifeguard Requirement for Tewksbury Townhouse Condominiums and Roper Estate Condominiums. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
Mr. Carbone read the legal notification. Mr. Carbone stated that the existing animal requirements have not been updated since 1995. Changes to the zoning bylaw kicked this off. These changes would not effect already permitted owners. The following is a summary of the changes:
1. Add Section 3.2 – Addresses revisions to the Animal Regulations.
2. Added a definition for Livestock.
3. Changes the Definition of Wetlands.
4. Section 5.1 – Removes rabbits.
5. Section 5.5 – Changes abutter notification from 200 feet to 300 feet.
6. Section 5.6 and 5.7 – Grammar corrections.
7. Section 6.16 – Increased setback distances.
8. Section 6.19 – New section added to prevent drainage into Wetlands.
9. Section 8.4 – Setbacks for manure – Same as Section 6.16.
10. Section 8.6 – Same as Section 6.19.
11. Section 10.0 – Change minimum land required for animals.
12. Section 11.2 – Deleted. Covered in Section 5.9, which was deleted.
13. Section 11.7 – Tied garbage feeding to state or federal regulations.
14. Section 14.2 – Notification of abutters to be the same as ZBA and Conservation Commission.
Charlotte Cooper of 985 Chandler Street – Ms. Cooper presented some questions and concerns regarding the proposed changes and requested that the public hearing not be closed tonight.
1. Section 3.1 – This section only deals with the people who hold the license, not the property. What happens if the person sells the land and the new owner wants to keep the same animals?
2. The properties having horses are more valuable.
3. The definition of “hardship” needs to be defined.
4. There needs to be a better definition of “wetlands”.
5. Section 5.6 – This section needs to be clarified.
6. Section 6.16 – “Nuisance conditions” needs to be clarified.
7. Under setbacks, a shelter should be the same as a corral.
Ms. Wilkie asked what Ms. Cooper thought of Section 10. Ms. Cooper stated that the sizes or the corral and shelter needs to be specified. Ms. Cooper stated that 3,000 SF for a corral per horse is not enough. Ms. Cooper stated that mini-horses should be spelled out.
Mr. Carbone stated that he would pull neighboring town requirements for information.
MOTION - Ms. Wilkie made a motion to keep the public hearing open for Animal Regulations. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to request Mr. Carbone get the Animal Regulations for Wilmington, Dracut, Billerica and Westford. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
The following hearings were left open at previous meetings, and were brought up for final disposition:
MOTION - Ms. Wilkie made a motion to find that a violation of selling tobacco products to a minor occurred, and require that Oakdale Liquors implement an electronic age determination system as part of opening their new store. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to find that a violation of selling tobacco products to a minor occurred, and require that Stadium Mobil Mart implement an electronic age determination system within 60 days. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
MOTION - Ms. Wilkie made a motion to find that a violation of selling tobacco products to a minor occurred, and require that in lieu of a fine and license suspension, Stadium Shamrock Liquors sponsor a tobacco education program for the summer recreation program. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
Jason Poole appeared for the Giovanni’s Restaurant – Review of Probation. Mr. Carbone stated that the Board of Health required a monthly audit by a private company at Mr. Poole’s expense. Mr. Carbone conducted an unannounced inspection on Tuesday, and stated that he was disappointed in the auditor, because he found several items that they missed. Mr. Carbone made the following recommendations:
1. Continue the indefinite probation of the facility.
2. Require that monthly inspections by the current auditor continue, with reports being delivered to the Board of Health Office within 24 hours of the inspection.
3. Require that the owner appear at the Board’s December 5, 2002 meeting for a status review.
4. Require that all inspection scores be brought into the 90’s, with no repeat violations noted, beginning with the August inspection.
5. Notify the owner that failure to meet these criteria will mean that the Board will not renew the establishment’s 2003 Operating Permit. This will mean that the facility will be required to close permanently at 11:59 PM, December 31, 2002.
Ms. Wilkie stated that she received a complaint regarding the dumpster. Mr. Poole stated that he is switching dumpster companies because he has asked for a new dumpster three times.
Ms. Wilkie asked what the expiration date of the hamburger that was found. Mr. Carbone stated that it was found on July 16, 2002 and the expiration date was July 12, 2002. Ms. Wilkie asked what the use of that was. Mr. Poole stated that it was used as a topping on pizza.
Mr. Sheehan asked what the temperature of the walk in refrigerator was. Mr. Carbone stated that it was 50 degrees, when it should be 42 degrees. Mr. Poole stated that the condenser had frozen up.
Mr. Poole stated that he would like to fix everything by October and if the Board of Health is not satisfied, then the license should be pulled. Ms. Wilkie stated that she feels the license should be pulled tonight because the scores have been low.
Ms. Wilkie asked how many repeat violations there were. Mr. Carbone replied about six.
Ms. Wilkie asked Mr. Poole why he isn’t complying. Mr. Poole replied he didn’t know.
Mr. Sheehan asked when the dumpster company would be switched. Mr. Poole stated at the end of the month. It will now be BFI.
Mr. Carbone stated that the following needed to be done:
1. Every Item inspected needs to be 90% or better.
2. There should be no dirty dishes in the morning.
3. There should be no cleaning issues noted on the inspections.
4. There should be no bugs.
5. A new dumpster should be on-site.
6. There should be no repeat violations.
Mr. Carbone asked what Mr. Poole does with the inspection reports. Mr. Poole stated that if possible, they are fixed right away. Mr. Carbone stated that the Board required he keep a cleaning log, and asked where it was. Mr. Poole stated that the checklists were in his car, but it was stolen. Ms. Wilkie stated that the checklists should be kept in the restaurant.
MOTION - Ms. Wilkie made a motion to continue the matter until October 5, 2002. All inspections should be 90% or better. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.
Mr. Carbone reported that as part of the grant renewal for the Tobacco Control Program, a new type of work plan was being required, which requires the Board to approve the work being conducted. He stated that for the Minimum Tobacco Control Actions and Comprehensive Youth Access section of the paperwork, the town does everything required.
Mr. Carbone stated that for the Environmental Tobacco Smoke Program, all bars would need to be smoke free. The Board of Health would need to fill out the Enhanced ETS Enforcement Application, if not, then nothing needs to be done. The Board approved of the direction the program is running in, and decided not to further address environmental tobacco smoke at this time.
Ms. Wilkie asked about the Jade East Restaurant, and why their smoking area is not enclosed. Mr. Carbone stated that the Board granted a hardship variance for this location, since it was impossible to enclose the lounge and still allow a safe traffic flow. In lieu of the physical separation, they installed a new ventilation system that should keep the smoke in the lounge area; he will check the Jade East to make sure their smoke system is working.
Ms. Wilkie stated that there has been talk about putting a PGA golf course on State land.
Ms. Wilkie stated that there has been talk that their maybe bodies buried where the Girls Softball fields are proposed. Due to time limitations, she asked that this be continued until next meeting.
Ms. Wilkie stated that the Board of Health grandfathered use of video cameras during off peak hours at North Meadow. She asked if this variance is transferable to Good News. Mr. Carbone stated that the outdoor pool closes at 7:30 PM. The indoor lifeguard leaves at 8:30 PM and the pool is on video until 9:30 PM. The pool opens at 5:00 AM and a lifeguard doesn’t come on until 8:30 AM. The Board of Health could remove this variance. Ms. Wilkie also stated that the pools the Board licenses should have an emergency call phone hardwired into the dispatch center, where only one button needs to be pushed to get help. Mr. Carbone stated that there are two issues the Board wishes to address through regulation changes, video monitoring and emergency call boxes. Both of these issues should be scheduled for public hearing at the September 5th meeting.
Mr. Carbone stated that he needed to talk with Town Counsel and the Town Clerk. Mr. Carbone added that the Town Manager agreed at one time that the Board of Health should be five members. Ms. Wilkie instructed Mr. Carbone to talk with Town Counsel and the Town Clerk.
Approval of Minutes
Ms. Wilkie stated that the minutes would be voted next meeting.
Director’s Report
Mr. Carbone stated that the next meeting would be August 22, 2002, not August 15th.
MOTION - Ms. Wilkie made a motion to adjourn at 9:00 PM. The motion was seconded by Mr. Sheehan and unanimously voted.